Business owners’ associations often hear the question “If someone gets hurt on your property can they sue?” The answer is yes, if the elements of a premises liability case exist. While people get hurt every day, they can only sue if someone else’s negligence caused their injuries. Elements of a premises liability claim Premises liability law answers the question “If someone gets hurt on your property can they sue?” It does this by explaining when a claim for compensation can be made, and when it … [Read more...]
Who Might Be Liable for a Swimming Pool Accident?
A relaxing day by the pool with friends and family can quickly turn tragic when a person suffers an injury or drowns. Swimming pool accidents are, unfortunately, quite common—resulting in hundreds of drownings and thousands of injuries across the United States every year. If you or someone you love was hurt or died at a swimming pool in California, you may have grounds for a personal injury or wrongful death claim. There are several parties who might be liable for such an accident, so your … [Read more...]
Invitees, Licensees & Trespassers: What’s the Difference?
Property owners and possessors owe a duty of care to everyone who enters their premises. The specific duty of care, however, varies depending on whether the entrant is an invitee, licensee, or trespasser. If you or a member of your family was injured on someone else’s premises because the property owner, possessor, or one of their employees breached the duty of care, you may be entitled to damages. Read on to learn the key differences between invitees, licensees, and trespassers: What Is an … [Read more...]
Umbrella Coverage: A Potential Source of Recovery in Tort Claims
Recovering a fair settlement after a serious injury or wrongful death is a tricky process that may involve several insurance policies. Ideally, the person or entity that caused your injury or loss will have liability insurance that covers such scenarios, whether it was a car accident, slip and fall, product defect, etc. In addition to auto, home, and renter’s insurance, some defendants have umbrella coverage. This is extra liability insurance that will kick in if the policyholder is held … [Read more...]
9 Hazardous Conditions That May Warrant a Premises Liability Claim
Most people feel relatively safe when they’re shopping for groceries, having dinner at a restaurant, or spending a night on the town with friends. For the most part, these scenarios are fairly predictable and almost never lead to accidents. But when property owners are negligent and fail to keep their premises in reasonably safe condition, serious injuries are likely to occur. If you or a member of your family was injured due to hazardous conditions on someone else’s property, you may have … [Read more...]
Understanding Drowning Myths Prevents Swimming Pool Accidents
Drowning is the leading cause of death of California children younger than 10. During the summer, many children spend their days in and around swimming pools. Swimming pool accident prevention experts recommend that property owners, parents, and children’s caregivers understand the myths about child drownings and implement layers of protection to keep children safe. Swimming Pool Accident Myth # 1: Drowning Victims Splash and Make Noise The biggest myth about drowning is that the victim will … [Read more...]
Do warning signs protect property owners from liability?
Victims who are hurt on someone’s property have several hurdles to clear before they can recover damages for their injuries. Property owners will assert many defenses to avoid responsibility for causing the accident. One defense is the presence of a Not Responsible for Accidents or Injuries sign. What is a Not Responsible for Accidents or Injuries sign? Disclaimers, warnings, and notices about risks are found in many public places and businesses. Regardless of how they are worded, they … [Read more...]